The Electoral Act 1985 (SA) and Electoral Regulations 2024 (SA) outline the requirements for voting at South Australian State elections and by-elections.
According to sections 29(1) and 85(1) of the Electoral Act 1985 (SA), you must enrol on the state electoral roll if:
It is compulsory to vote at State elections, but you are only required to observe the formalities of voting (by having your name marked off the roll and receiving ballot papers). You are not required to mark the ballot papers. This is outlined in section 85 of the Electoral Act 1985 (SA).
You may be on the state electoral roll because you have been enrolled through federal direct enrolment.
Voting is compulsory and you may be fined for not voting in a state election.
Polling booths open from 8 am until 6 pm on polling day. You can vote at any polling booth in the State, but voting outside your electoral district may take longer because you will need to cast a declaration vote. To find your electorate district, visit the Electoral Commission SA Interactive Boundaries map. Every polling booth has been assessed for wheelchair accessibility and that information will be shown on the interactive map and your EasyVote Card.
Failure to Vote
If you do not vote at an election, you must provide the Electoral Commission SA with a valid and sufficient reason. Reasons which are valid and sufficient are set out in section 85(8) of the Electoral Act 1985 (SA).
Following the election, you will be sent an apparent failure to vote notice and you must complete, sign (duly witnessed) and return the form within the specified 21 days [s 85(3)]. If you provide a valid and sufficient reason you will be excused and avoid a fine (or expiation notice of $112 as at July 2024). An expiation notice includes the failure to vote fee of $10 plus the Victims of Crime levy which is $102 as at July 2024. If you fail to return an apparent failure to vote notice you may face a similar penalty [s 85(7)].
If an expiation notice is not dealt with, then the matter can be referred for enforcement with the Fines Enforcement and Recovery Unit, where additional financial penalties can apply. If you elect to be prosecuted and you are convicted the penalty may be higher.
The Electoral Commission SA has useful information about failure to vote or you can call our legal helpline on 1300 366 424.